Sending of applications and notices: electronic signatures and related certificates21
1
The requirement in this Order that any application or notice should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it —
a
is transmitted by electronic means;
b
is received in legible form; and
c
is capable of being used for future reference.
2
The requirement in this Order for an application or notice to be signed is satisfied (as an alternative to a signature given by hand) where there is—
a
an electronic signature incorporated into or logically associated with a particular electronic communication, and
b
the certification by any person of such a signature.
3
For the purposes of this Order an electronic signature is so much of anything in electronic form as —
a
is incorporated into or otherwise logically associated with any electronic communication or both; and
b
purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.
4
For the purposes of this Order an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—
a
the signature,
b
a means of producing, communicating or verifying the signature, or
c
a procedure applied to the signature,
is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.